Effective date: August 12th, 2018
Please make sure that the following terms contain everything that you want in relation to the Arrow-Ed service, and nothing that you are not willing to agree to. If you are unsure about any of this, please contact us via www.arrow-ed.com/contact-us.
This agreement applies as between you, the user of this site and Arrow-Ed, the owner of this site. Your agreement to comply with and be bound by these Terms and Conditions (referred to as “T&C” in this document) is deemed to occur upon your first use of the site.
If you do not agree to be bound by these T&C, you should stop using the site immediately.
1.0 Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, payment information and credentials used by users to access Chargeable Content and/or blog comments on the Site;
“Content” means any written resources, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that is hosted on and is part of this Site (but not including anything on other sites which is linked to from the Site, for example YouTube videos);
“Chargeable Content” means Content accessible only upon the payment of a required Content Purchase Fee to purchase that content as listed in the Arrow-Ed shop;
“Content Purchase Fee” means a charge in respect of an item of Chargeable Content in the Arrow-Ed shop.
“Free Content” means any Content that is accessible without the payment of a Content Purchase Fee from the Arrow-Ed shop;
“Learning Establishment” means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional/adult education providers;
“Service” means collectively any online facilities, tools, services or information that Arrow-Ed makes available through the Site either now or in the future;
“Site” means the website www.arrow-ed.com and any sub-domains of this site unless expressly excluded by their own terms and conditions;
“User” / “Users” means any person that accesses the Site (except for individuals who are part of the Arrow-Ed business partnership accessing the Site in an administration capacity).
“We/Us/Our/Arrow-Ed” means Arrow-Ed, a business partnership formed for the purpose of providing the Arrow-Ed website, related Content, Free Content and Chargeable Content, and the creation, administration, promotion and sale of Content, Free Content and Chargeable Content.
2.0 Rights in the Site; Characteristics of the Content
2.1 Subject to the exceptions in Clause 5 of these T&C, all Content included on the Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Arrow-Ed. By continuing to use the Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 The Content’s functionality enables downloading and completion online of educational resources.
2.3 You may print off copies or download extracts of any page(s) from the site for your personal reference and for use in your household only. If you are a teacher or tutor you may also print off copies for the purposes of distribution of them, without modification, to your pupils.
2.4 You must not modify any Content you have printed off or downloaded in any way, other than our Free Content.
2.5 You must not use any illustrations, photographs, video or audio sequences or any graphics in the Content separately from any accompanying text.
2.6 Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
2.7 We aim to update the site regularly and may change the Content at any time. If the need arises, we may suspend access to the Site or the Content or close the Site indefinitely. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material although we will always endeavour to do so.
3.0 Your right to use Free Content
You may print, reproduce, copy, distribute printed copies, store or in any other fashion re-use Free Content from the Site. This must be for personal or educational purposes only, unless otherwise indicated on the Site or unless given Our express written permission for any additional purposes. Specifically, you agree that:
3.1 You will not use the Free Content of the Site for commercial purposes unless given Our express written permission to do so.
3.2 You will not systematically copy Free Content from the Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so.
3.3 You may, as a member of a recognised Learning Establishment, use the Free Content of the Site for educational purposes provided the Free Content retains all Arrow-Ed branding, logos or web address.
4.0 Your right to use Chargeable Content
4.1 Payment of a Content Purchase Fee grants you a licence to use the purchased Chargeable Content. You may use such Chargeable Content for:
4.1.1 personal purposes; or
4.1.2 for educational use with a student or group of students (which includes home-learners and school pupils).
4.2 Commercial use of Chargeable Content is not permitted without prior consent, which Arrow-Ed has the right to refuse or grant. Granting of consent will require the agreement of further Terms and Conditions.
4.3 Individual employees of Learning Establishments are permitted to use Chargeable Content for teaching purposes but must not distribute Chargeable Content for use by other teachers. Please contact us for details of charges for school subscriptions and the accompanying Terms and Conditions.
.4.4 Consent to use Content, Free Content and Chargeable Content is with the understanding that:
4.4.1 you will not use any of the Content for commercial purposes unless given Our express written permission to do so;
4.4.2 you will not systematically copy Content from the Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given Our express written permission to do so; and
4.4.3 you may, as a member of a recognised Learning Establishment, use the Chargeable Content of the Site for educational purposes provided all Arrow-Ed branding is retained.
5.0 Intellectual Property Rights not Owned by Us
5.1 Certain Content and the Intellectual Property Rights to that content may belong to other people. This Content, unless expressly stated to be so, is not covered by any permission granted by Clauses 3 and 4 of these T&C to use Content from the Site. If you are unsure about which Content belongs to other people, please contact us.
5.2 All official SATs papers available on the Service are © QCA / QCDA / Department for Education and reproduced under the terms of the Open Government Licence. They are intended for home use/private study only.
5.3 Photographs and images on the site may have additional licensing requirements for use elsewhere.
6.0 Links to Other Sites
This Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Arrow-Ed. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply Our endorsement of the sites themselves or of those in control of them.
7.0 Links to our Site
Those wishing to place a link to this Site on other sites may do so. To find out more please contact us.
8.0 Acceptable Use of Communication
8.1 When using any communication facility (including the comments on blog posts and the contact form) connected to the Site in particular and Arrow-Ed in general you should do so in accordance without:
8.1.1 the use of foul and abusive language,
8.1.2 the use of racist or other homophobic language, and
8.1.3 with due regard to all those who could access the material.
8.2 Failure to comply with 8.1 and its subclauses could result (at the discretion of Arrow-Ed) in actions detailed in clause 11.
9.1 In order to access Chargeable Content on this Site you are required to create an Account, which will contain certain personal details. By creating an Account and continuing to use this Site once an account is created, you represent and warrant that:
9.1.1 you are over 18 years of age;
9.1.2 all information you submit is accurate and truthful;
9.1.3 you have permission to submit Payment Information where permission may be required;
9.1.4 you will keep this information accurate and up-to-date; and
9.2 Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal any username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10.0 Content Purchase Fee and purchasing Chargeable Content
10.1 The Content Purchase Fee for any Chargeable Content on the Site is as stipulated at the time of purchase.
10.2 We reserve the right to change the Content Purchase Fee for any Chargeable Content at any time with the exception of when an order has been placed at a stipulated fee.
10.3 Full details of the charged Content Purchase Fee and your payment dates will be provided to you by our payment processor during the purchase process and a confirmation of the order will be sent by email within 24 hours from our payment processor. This will include our payment processor transaction ID number and the Content Purchase Fee. A binding contract between Us and you for the purchase is made once our payment processor sends you this confirmation of acceptance of your order.
10.4 Please note that We can only accept payments on the site that have been processed by our payment processor. Our payment processor is one of the UK’s leading payment providers.
10.5 Provision of Chargeable Content shall be immediately upon Our confirmation of your subscription or your payment of the Content Purchase Fee. By completing the order process, you will be expressly requesting that you wish the Chargeable Content to be available immediately and thus you waive your statutory right to a “cooling-off” period and to a refund of Content Purchase Fees already paid to Arrow-Ed.
10.6 If you make a payment for a Content Purchase Fee in error you must inform Us within 24 hours of doing so and must not use the Chargeable Content during that time. If any use of Chargeable Content during this time period can be traced to your Account, however, no refund can be provided and you will continue to have access to the Chargeable Content. We will deduct a £6.00 administrative charge from any refund to which you are entitled. This goes some way to meeting our costs – both from our payment provider for processing the refund, and the administrative time required to amend your status on our systems.
10.7 Any free gifts offered with any Content on our Site are subject to availability. Where we offer you a gift with the purchase of Chargeable Content, every effort will be made to supply the gift illustrated but we reserve the right to provide an alternative gift if we cannot supply the original for any reason. Any free gifts will be dispatched within 28 days of your order being placed. Some gifts can only be dispatched to UK mainland addresses. Where a gift is offered with the purchase of Chargeable Content, your free gift will be sent to you after your payment has been authorised.
11.0 Termination and Blocking
On rare occasions it could be necessary to terminate the Account of certain Users and block them from recreating an Account. This will usually be due to a breach of these Terms and Conditions. Our actions in such cases are detailed below.
11.1 We will delete all of the User’s details from our system.
11.2 We will endeavour to block that user recreating an Account with us.
11.3 We will attempt to confirm 11.1 and 11.2 with the User via the last email address they have used with Us.
13.1 We make no warranty or representation that the Site, the Content (including Chargeable Content and Free Content) will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be 100% secure.
13.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Site will be accurate and up to date, We make no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our Service.
13.3 No part of this Site is intended to constitute advice and neither the Free Content nor the Chargeable Content of this Site should be solely relied upon when making any decisions or taking any action of any kind.
13.4 Whilst We use reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
14.0 Availability of the Site and Modifications
14.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Site or the Service will be free of defects and/or faults. To the maximum extent permitted by the law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
14.2 We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
14.3 We reserve the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, the Free Content and/or Chargeable Content available. These T&C shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
15.0 Limitation of Liability
15.1 Arrow-Ed’s liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of Our breach of these T&C shall be limited to the value of any Content Item Fees paid by the User. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein, to the maximum extent permitted by law, We accept no liability. Users should be aware that they use the Site and its Content (including Chargeable Content) at their own risk.
15.2 Nothing in these T&C affects your statutory rights as a consumer in relation to the Chargeable Content being faulty, not corresponding to its description on the Site or any other statutory liability which cannot lawfully be excluded or restricted. Details of these rights can be obtained from Consumer Direct (the Government’s consumer advice helpline) or your local Trading Standards Office.
15.3 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these T&C and shall not affect the validity and enforceability of the remaining T&C. This term shall apply only within jurisdictions where a particular term is illegal.
16.0 Changes to T&C
16.1 Arrow-Ed may modify these T&C in order to take account of changes to user preferences, the business environment in which we operate, applicable laws and industry practices, or other reasons. Changes will be posted on the Site or notified by email.
16.2 Unless you are notified that a change in the T&C will be effective from a future date, the changes to the T&C will be effective immediately on their publication on the Site (or their email notification to you, whichever is applicable).
17.0 No Waiver
In the event that any party to these T&C fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
18.0 Other Terms not applicable
In the event of any conflict between these T&C and any prior versions thereof, the provisions of these T&C shall prevail unless it is expressly stated otherwise.
19.0 Third Party Rights
Nothing in these T&C shall confer any rights upon any third party. The agreement created by these T&C is between you and Arrow-Ed.
20.1 All notices/communications shall be given to Us via our Contact Form. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
20.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services or about other services that we think will be of interest to you. If you do not wish to receive such information, please notify us.
21.0 Governing law, jurisdiction, complaints and codes
21.1 These T&C will be governed by the law of England and Wales.
21.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or where you live in Scotland or Northern Ireland.
21.3 We will try to avoid any dispute and make sure you are happy, so if you have any complaints please let us know and we will do what we reasonably can to fix them.